Articles Posted inPedestrians/Bicyclists

Florida is one of the worst places in the country to be a pedestrian. Data released earlier this year from the National Highway Traffic Safety Administration (NHTSA) shows that of the 5,400 fatal pedestrian accidents nationally in 2015, there were 628 that happened in Florida. To put this in context, Florida claims about 6.25 percent of the nation’s population, but nearly 12 percent of its pedestrian accidents.

But just because a pedestrian accident happens – even one that results in serious injuries – doesn’t automatically mean the injured party will be entitled to damages. It is still necessary for claimants to be able to prove by a preponderance of the evidence that defendant motorist was negligent in striking the plaintiff, causing the asserted injuries. This isn’t to say you must be 100 percent innocent in the entire incident. In fact, Florida operates under a standard of pure comparative negligence (per F.S. 768.81), which means even if you are 99 percent to blame for what happened, you could technically still collect that other 1 percent in damages from at-fault parties.

However, a recent case before the U.S. Court of Appeals for the First Circuit (which oversees cases out of Puerto Rico, where this claim originated), plaintiffs still have to establish by a preponderance of the evidence that the other party was negligent.

Florida is far and away one of the most dangerous places for a stroll, at least if you’re walking amid motor vehicle traffic. Now, a recent report by the Governors Highway Traffic Safety Administration (GHSA) reveals it’s getting worse.

In fact, last year was the deadliest year for pedestrians nationwide since 1996. In 2016, there were nearly 6,000 pedestrians killed by motor vehicles, which is an uptick of 11 percent from just one year earlier. Between 2006 and 2015, pedestrian deaths climbed by 12 percent, from about 4,800 to roughly 5,400. This was even as the total number of car accident deaths was on the decline. Pedestrians account for 15 percent of all traffic deaths.

It can’t be overlooked that most pedestrian deaths are the result of someone’s negligence. This occurs when someone breaches a duty of care owed to another, resulting in injury. Mostly in pedestrian accident cases, we’re referring to the duty of care to drive the car in a reasonably safe manner. Continue reading →

Want to go for a stroll? If you live in Fort Myers, you may want to think twice.

The Fort Myers-Cape Coral metro area is the No. 1 most dangerous in the country for people to walk. Nowhere in the nation was the risk of a pedestrian accident higher than Florida. Fort Myers was the worst of all.

The measure used to reach this conclusion is termed the Pedestrian Danger Index, or PDI. This is a measure of how many local commuters walk to work (which gives us the best measure of people likely to be out and walking every day) and the most recent data on pedestrian deaths. The national average out of 104 metro areas was 64. By comparison, the Cape Coral-Fort Myers region has a PDI of 283. Continue reading →

Pedestrian accidents occur almost every other day in Florida. According to new research form the National Highway Traffic Safety Administration (NHTSA), Florida pedestrian accidents spiked by more than 17 percent at last count, up to 588 in 2014.

The latest report, released last month, reveals too that pedestrian accidents are comprising a bigger than ever percentage of overall traffic fatalities in the Sunshine State – 20.8 percent in 2013 versus 23.6 percent in 2014. Other early data from 2015 suggests pedestrian deaths nationally climbed by another 10 percent, which, if proven accurate, would bring the uptick to 27 percent in just three years. This is despite the fact that overall traffic deaths have been trending downward in recent years.

A pedestrian accident in Estero recently resulted in the death of 55-year-old man who was struck while crossing U.S. 41 from the SunMart gas station near Commons Way. The 31-year-old driver was reportedly not cited in the crash. In April, a 23-year-old man was struck and killed in a Fort Myers pedestrian accident on Laredo Avenue. Charges against the 17-year-old driver are pending. And in March, a pedestrian was struck by two cars while crossing Daniels Parkway near Gateway Boulevard. He later died of his injuries. Continue reading →

It was supposed to be one of the most mundane tasks of her day: Crossing the street.

Instead, it ended her life and nearly claimed the life of her 5-month-old baby.

Authorities say the 35-year-old mother-of-two was killed in Port Charlotte while on vacation from Pittsburgh with her husband and two sons when she decided to go for a walk. It was about 7 a.m. She decided to take her youngest with her for the stroll. Continue reading →

A South Florida bar has been ordered to pay $7 million to the families of a young couple killed in a bike accident on Labor Day 2013. The pair was riding a tandem bicycle when they were struck by a drunk driver who had reportedly just left the bar intoxicated.

What’s interesting about this case is that normally, victims of drunk drivers in Florida would not be able to collect damages from the establishment that served the driver alcohol except in very limited circumstances.

However, defendant bar was the employer of the drunk driver, who was reportedly drinking throughout his shift and left intoxicated after a friend failed to pick him up as promised. That may have made a difference in this case. Continue reading →

Florida has for years now held the dubious distinction of having the highest rate and bicycle accidents and related deaths. Lee County has historically been one of the worst locations, ranking 10th in the state, with regular riders and tourists alike constantly at risk.

In 2014, there were a slew of incidents involving anti-cyclist rhetoric. There was the man who ran over a row of bicyclists on Fort Myers Beach before declaring to a doctor who rushed to their aid, “I should have hit them harder.” There was the Naples woman who allegedly spat on a bicyclist after plowing into him. And there was the Cape Coral cyclist who dodged a motorist’s bullets after shouting at him to slow down.

All of this prompted a novel approach by The Fort Myers News-Press: Advocacy in journalism. Though objectivity is a core tenant of journalism, the paper of record took an unabashed role of advocating for fewer bicycle accidents and deaths. Now, it looks like it may have actually worked, at least to some degree. Continue reading →

If you are a cyclist who avails of the increasing number of bicycle trails in Lee, Collier and Charlotte counties, you may want to keep in mind that if you are injured due to some dangerous condition thereon, you may have a more difficult time recovering damages.

That’s for two reasons:

Florida’s recreational use statute, F.S. 375.251 allows for a limitation on liability of persons who make available to the public certain areas for recreational purposes without charge.

Florida’s governmental immunity law, the waivers to which are outlined in F.S. 768.28.

So private land owners who open their land for recreational biking, either on paved paths or rougher terrain, could enjoy protections under the recreational use statute, while government entities would be protected under governmental immunity laws. Continue reading →

The case of a teen pedestrian who suffered serious injury as a result of being struck by a vehicle will be retried after the Hawaii Supreme Court ruled instructions to the jury prior to the verdict were both erroneous and prejudicial.

The case of Samson v. Nahulu was complex for the fact that it contained a host of witness descriptions of the incident, and several of those were conflicting. That meant there were many different issues of material fact for the jury to weigh. Juror instructions are critical in any injury lawsuit, and mistakes could open the door for a successful appeal – no matter which side prevails at trial.

Both plaintiffs and defendants have the opportunity to propose jury instructions on various issues of law as they pertain to the case, through it’s ultimately up to the judge whether to approve or reject submissions. Continue reading →

It’s been nearly 10 years since plaintiff in Camicia v. City of Mercer Island was seriously injured in a Washington state bicycle accident that left her paralyzed. The case has been volleyed to various courts over the years on a number of issues, most recently to the Washington Supreme Court on the question of the applicability of the Recreational Use Statute. The high court remanded the case back to the trial court for further proceedings.

Now, less than two weeks before trial was scheduled, the city agreed to settle the case for $6.95 million. Another defendant, a construction company, settled weeks before that for a confidential sum.

Bicycle accidents are a serious problem nationally, but especially so here in Florida. The National Highway Traffic Safety Administration reports in 2013, there were nearly 750 bicyclists killed and another 48,000 injured. Florida had the second-highest number of bicyclist fatalities that year with 133. However, the state with the most – California – had 141 – which is 6 percent higher, despite the fact that California’s population is 95 percent higher than Florida’s. Continue reading →